IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1352 OF 2013 BETWEEN:
A.Thyagarajan, Aged about 46 years, Son of Mr. T.Arunachalam, R/at No.12, Krishna Krupa, Near Sun Shine School, Yellukunte, Mangammanapalya, Bengaluru-560068.
…Appellant (By Sri. Dr. R.Ramachandran, Advocate - Absent) AND:
1. M.Ramachandra, Aged about 56 years, S/o. Muniyappa, 2. Muniyappa, Aged about 81 years, S/o. Muniswamappa @ Doddanna, 3. M.Muninarayana, Aged about 57 years, S/o. Muniyappa 4. M.Nagaraja, Aged about 48 years, S/o. Muniyappa, 5. M.Gopala, Aged about 45 years, S/o. Muniyappa, 6. M.Gurumurthy, Aged about 41 years, S/o. Muniyappa, 7. M.Venkataswamy, Aged about 40 years, S/o. Muniyappa, 8. M.Muniraja, Aged about 36 years, S/o. Muniyappa, 9. Smt. M.Komala, Aged about 38 years, W/o. Rajashekhar, All R/o. Yellukunte Village, Madivala Post, Bengaluru-560068.
(By Sri. K.B.Lokanath, Advocate for R1, R2 to R7 and R9 – Served, R8- notice ... Respondents dispensed with vide order dated 27.03.2017) This RFA is filed under Section 96 of CPC against the judgment & decree dated 18.07.2008 passed in O.S.No.6566/2001 on the file of XXXVIII Additional City Civil Judge, Bengaluru, partly decreeing the suit for partition and separate possession.
This RFA coming on for orders this day, the Court made the following:
ORDER Order sheet dated 07.03.2019 shows that the appellant’s counsel was absent on that day and the Registry was directed to list this appeal after two weeks. Today also the appellant’s counsel is absent. This shows that the appellant is not interested. Therefore appeal is dismissed for non prosecution.
KMV/-
Sd/- JUDGE